$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 1104/2025 MOHD MUSTAKEEM .....Appellant Through: Mr. Shoyeb Khan, Advocate via video-conferencing.

versus MR PRADEEP BHATIA .....Respondent Through: Mr. Sanjeev Sharma, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 03.12.2025 RFA 1104/2025 CM APPL. 76080/2025 (stay)

By way of the present regular first appeal filed under section 96 read with Order XLI Rule 6 of the Code of Civil Procedure 1908 (‘CPC’), the appellant (defendant) impugns judgment and decree dated 30.08.2025 passed by the learned District Judge-12, Central District, Tis Hazari District Courts, Delhi in suit bearing CS DJ No. 1152/2022, whereby the learned trial court has passed a preliminary decree in the suit filed by the respondent (plaintiff).

2. Vide impugned judgment dated 30.08.2025, the learned trial court has allowed an application filed by the respondent under Order XII Rule 6 CPC, thereby passing a preliminary decree of possession and arrears of rent in favour of the respondent; leaving open the question whether the actual rent for the suit property was Rs. 14,500/- per month, for trial.

3. Perusal of the impugned judgment shows that the appellant’s statement recorded under Order X Rule 1 CPC, which has been set-out in extenso in the impugned judgment, shows that the appellant has inter-alia accepted the landlord-tenant relationship with the respondent; and has also admitted the last paid rent. The statement of the appellant as reproduced in the impugned judgment, reads as follows :

“Statementunder Order 10Rule1CPC Statement ofMohd.Mustakeem,S/oMohd.Hanif.

ONSA Q. Whenwere youinductedas atenant inthesuit property? Ans. I was inducted as a tenant 15 years ago by the father of thePlaintiff Sh.Yogender Pal Bhatia.

Q. Whether a Rent Agreement was executed between you andthePlaintiff ?

Ans.Yes.

Q. What was therent amount?

Ans. Rs. 30,000/- was the rental amount and Rs. 1500/- was thewater charges.

Q. When was the last time you paid the rental amount to the Plaintiff ?

Ans. I paid an amount of Rs. 14,500/- to the Plaintiff on May

2024.

Q. Till what date you were paying rent to Sh. Yogender Pal Bhatia?

Ams. Idonot remember.”

4. Furthermore, the learned trial court has also noticed the averments contained in written statement dated 13.03.2023 filed by the appellant, the relevant paragraphs of which are extracted below:

“1. That the defendant was the tenant in respect of the property bearing No.196, Ground Floor & Basement, Phase-II, Shahzada Bagh Industrial Area, Delhi - 110035. In this regard, a rent agreement was duly signed by the defendant without reading by him because the plaintiff had not given chance to read out the same from someone. The copy of the same was not provided to the defendant by the plaintiff and when the defendant asked the plaintiff to handover the copy of the said rent agreement, he made the false assurance to give the same but till date the plaintiff neither given any satisfactory reply nor handed over the copy of the same on the onepretext or other.

2. That the tenant has regularly paying the rent @

Rs.34,500/- in cash to the plaintiff however the receipts are not being given by him to the defendant but in this regard, the defendent got signed the employee of the plaintiff diary and sent the copyof thesametotheplaintiff throughwhatsapp.

3. That the defendant had paid the amount of Rs.1,00,000/-

as security amount to the plaintiff at the time ofsigning of the said rent agreement with the assurance to return the same after completion ofthetenancyperiodofthesaidproperty *****

6. That despite of the regular payment of rent, the plaintiff is continuously creating the pressure upon the defendant to vacate the said premises on the false pretext of installation of the machine for running his business. Due to the impact of the pressure, the defendant vacated the ground floor of the said property and handed the peaceful and vacant possession of the same to the plaintiff peacefully on 30.06.20